International arbitration has become the favored method of
resolving disputes between business partners in almost every aspect
of international trade, commerce, and investment. The resolution of
a dispute by means of international arbitration provides the
parties with an opportunity to resolve their disputes in a private,
confidential, cost and time efficient manner before a neutral
tribunal of their choice. However, challenges to arbitral
jurisdiction have become a common practice in the field. Resolution
of such challenges may significantly delay the resolution of the
parties' primary substantive dispute, increase overall dispute
resolution costs and even whittle down the benefits of the parties'
bargain to arbitrate. Accordingly, adopting a proper approach to
the resolution of such disputes becomes crucial to the efficacy of
international arbitration as a system of dispute resolution. The
present book provides a comparative analysis of the practice of
three carefully selected legal orders: the English, German and
Swiss and outlines possible ways forward. As the work strikes a
balance between theory and practice, it will appeal to
practitioners, researchers, but also students looking to develop
their understanding of the international arbitration field.
General
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